BRADLEY COUNTY STORMWATER
POLICY
Bradley County, Tennessee
Prepared by:
Tony A. Knight, FE, PMP
Bradley County Stormwater Program Administrator
And
Amanda Whitley-Baliles
Inspector
Stormwater Advisory Committee:
Amanda Baliles
Ben Berry
Wayne Coats
Crystal Freiberg
Chase Hicks
Lindsay Hathcock
Mike Holden
Sandra Knight
Tony Knight
John Moore
Jim Richmond
Jim Smith
Bently Thomas
May 18, 2015
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Table of Contents
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Introduction ..........................................................................................................................................1
Section 1. General Provisions ..............................................................................................................1
(1). Purpose.......................................................................................................................................1
(2). Administering Entity .................................................................................................................2
(3) Stormwater Management – Stormwater Policy .....................................................................2
Section 2. Definitions ...........................................................................................................................2
Section 3. Land disturbance permits ............................................................................................... 19
(1). When required ....................................................................................................................... 19
(2). Building permit ...................................................................................................................... 20
(3). Exemptions ............................................................................................................................. 20
(4). Application ............................................................................................................................. 20
(5). Review and approval of application ..................................................................................... 21
(6). Permit duration ...................................................................................................................... 22
(7). Notice of construction ........................................................................................................... 22
(8). Performance bonds ................................................................................................................ 23
Section4. Stormwater system design and management standards. .............................................. 23
(1) Stormwater design or BMP manual ...................................................................................... 23
(2) General performance criteria for stormwater management .............................................. 24
(3) Minimum control requirements ............................................................................................ 28
(4) Stormwater Pollution Prevention Plan requirements. ......................................................... 28
(5) Sediment and erosion control plan requirements ................................................................ 36
(1) As built plans ........................................................................................................................... 38
(2) Landscaping and stabilization requirements ........................................................................ 38
(3) Inspection ................................................................................................................................ 39
(4) Records of installation and maintenance activities .............................................................. 39
(5) Failure to meet or maintain design or maintenance standards .......................................... 39
Section6. Existing locations and developments .............................................................................. 40
(1). Requirements for all existing locations and developments ................................................ 40
(2). Requirements for existing problem locations ...................................................................... 41
(3). Inspection of existing facilities ............................................................................................. 41
(4). Corrections ............................................................................................................................. 42
Section7. Illicit discharges ................................................................................................................ 42
(1). Scope ....................................................................................................................................... 42
(2). Prohibition of illicit discharges ............................................................................................. 42
(3). Prohibition of illicit connections .......................................................................................... 43
(4). Reduction of stormwater pollutants ..................................................................................... 43
(5). Notification of spills ............................................................................................................... 43
Section8. Enforcement ...................................................................................................................... 44
(1). Enforcement authority........................................................................................................... 44
(2). Notification of violation......................................................................................................... 44
(3). Conflicting standards............................................................................................................. 45
Section9. Penalties. ............................................................................................................................ 45
(1). Violations ................................................................................................................................ 45
(2). Penalties .................................................................................................................................. 45
(3). Measuring civil penalties ...................................................................................................... 46
(4). Recovery of damages and costs ............................................................................................. 46
(5). Other remedies ....................................................................................................................... 46
(6). Remedies cumulative ............................................................................................................. 46
Section10. Stormwater Board of Appeals ....................................................................................... 47
(1)
Board Established .............................................................................................................. 47
(2)
Composition ...................................................................................................................... 47
(3)
General duties of the Board ............................................................................................. 47
(4)
Election of Officers ........................................................................................................... 48
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Section11. Appeals ............................................................................................................................ 50
(1). Appeals to be in writing ........................................................................................................ 50
(2). Public hearing ........................................................................................................................ 51
(3). Appealing decisions of the County’s governing body ......................................................... 51
Section12. Severability ...................................................................................................................... 51
Section13. Effective Date .................................................................................................................. 51
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Appendix A – Land Disturbance Permit Policy Enforceable
Appendix B – Water Quality Buffer Zone Policy Enforceable
Appendix C – Enforcement Response Plan Guidelines
Appendix D- Stormwater Facility Maintenance Agreement Enforceable
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STORMWATER ORDINANCE
Introduction
This resolution shall be known as the “Stormwater Ordinance” for the Stormwater Program for
Bradley County, Tennessee. MS4 Permit Section 4.1
Section 1. General Provisions.
(1). Purpose. It is the purpose of this ordinance to:
(a) Protect, maintain, and enhance the environment within the Urbanized Area of Bradley
County and the public health, safety and the general welfare of the citizens of the county,
by controlling discharges of pollutants to the county’s stormwater system and to maintain
and improve the quality of the receiving waters into which the stormwater outfalls flow,
including, without limitation, lakes, rivers, streams, ponds, wetlands, and groundwater of
the county.
(b) Enable Bradley County to comply with the National Pollution
Discharge Elimination System permit (NPDES) and applicable regulations, 40 CFR
'122.26 to reduce the discharge of pollutants and protect water quality.
(c) Allow Bradley County to exercise the powers granted in Tennessee Code Annotated
§68-221-1105, which provides that, among other powers municipalities and counties
have with respect to stormwater facilities, is the power by ordinance or resolution to:
(1) Exercise general regulation over the planning, location, construction, and
operation and maintenance of stormwater facilities in the municipality, whether or
not owned and operated by the municipality;
(2) Adopt any rules and regulations deemed necessary to accomplish the
purposes of this statute, including the adoption of a system of fees for services
and permits;
(3) Establish standards to regulate the quantity of stormwater discharged and to
regulate stormwater contaminants as may be necessary to protect water quality;
(4) Review and approve plans and plats for stormwater management in proposed
subdivisions, commercial developments, or redevelopments;
(5) Issue permits for stormwater discharges, or for the construction, alteration,
extension, or repair of stormwater facilities or land disturbing activity;
(6) Suspend or revoke permits when it is determined that the permittee has
violated any applicable ordinance, resolution, or condition of the permit;
(7) Regulate and prohibit discharges into stormwater facilities of sanitary,
industrial, or commercial sewage or waters that have otherwise been
contaminated; and
(8) Expend funds to remediate or mitigate the detrimental effects of contaminated
land or other sources of stormwater contamination, whether public or private.
(2). Administering Entity. The Bradley County Stormwater Department shall administer the
provisions of this ordinance.
(3) Stormwater Management – Stormwater Policy. The intended purpose of this Policy is to
safeguard property and public welfare by regulating stormwater drainage and requiring
temporary and permanent provisions for its control. It should be used as a planning and
engineering implement to facilitate the necessary control of stormwater.
Section 2. Definitions.
For the purpose of this chapter, the following definitions shall apply:
Words used in the singular shall include the plural, and the plural shall include the singular;
words used in the present tense shall include the future tense. The word "shall" is mandatory and
not discretionary. The word "may" is permissive. Words not defined in this section shall be
construed to have the meaning given by common and ordinary use as defined in the latest edition
of Webster's Dictionary.
Administrative or Civil Penalties Under the authority provided in Tennessee Code
Annotated § 68-221-1106, the county declares that any person violating the provisions of
this ordinance may be assessed a civil penalty by the county of not less than fifty dollars
($50.00) and not more than five thousand dollars ($5,000.00) per day for each violation.
Each day of violation shall constitute a separate violation.
Analytical Monitoring refers to monitoring of water bodies (streams, ponds, lakes, etc.)
or of stormwater, according to 40 CFR 136 “Guidelines Establishing Test Procedures for
the Analysis of Pollutants,” or to state- or –Federally established protocols for
biomonitoring or stream bioassessments.
As Built Plans means drawings depicting conditions as they were actually constructed.
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Best Management Practices or “BMPs” means schedules of activities, prohibitions of
practices, maintenance procedures, and other management practices to prevent or reduce
the discharge of pollutants to waters of the state. BMP’s also include treatment
requirements, operating procedures, and practices to control plant site runoff, spillage or
leaks, sludge or waste disposal, or drainage from raw material storage.
Borrow Pit is an excavation from which erodible material (typically soil) is removed to
be fill for another site. There is no processing or separation of erodible material
conducted at the site. Given the nature of activity and pollutants present at such
excavation, a borrow pit is considered a construction activity for the purpose of this
permit.
Brownfield means real property, the expansion, redevelopement, or reuse of which may
be complicated by the presence or potential presence of a hazardous substance, pollutant,
or contaminant.
Buffer Zone means a setback from the top of water body’s bank of undisturbed
vegetation, including trees, shrubs and herbaceous vegetation; enhanced or restored
vegetation; or the re-establishment of native vegetation bordering streams, ponds,
wetlands, springs, reservoirs or lakes, which exists or is established to protect those water
bodies. The goal of the water quality buffer is to preserve undisturbed vegetation that is
native to the streamside habitat in the area of the project. Vegetated, preferably native,
water quality buffers protect water bodies by providing structural integrity and canopy
cover, as well as stormwater infiltration, filtration and evapotranspiration. Buffer width
depends on the size of a drainage area. Streams or other waters with drainage areas less
than 1 square mile will require buffer widths of 30 feet minimum. Streams or other
waters with drainage areas greater than 1 square mile will require buffer widths of 60 feet
minimum. The 60-feet criterion for the width of the buffer zone can be established on an
average width basis at a project, as long as the minimum width of the buffer zone is more
than 30 feet at any measured location. The MS4 must develop and apply criteria for
determining the circumstances under which these averages will be available. A
determination that standards cannot be met may not be based solely on the difficulty or
cost associated with implementation. Every attempt should be made for development and
redevelopment activities not to take place within the buffer zone. If water quality buffer
widths as defined above cannot be fully accomplished on-site, the MS4 must develop and
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apply criteria for determining the circumstances under which alternative buffer widths
will be available. A determination that water quality buffer widths cannot be met on site
may not be based solely on the difficulty or cost of implementing measures, but must
include multiple criteria, such as: type of project, existing land use and physical
conditions that preclude use of these practices.
Buffer Zone Requirements
(a) Construction applies to all streams adjacent to construction sites, with an exception
for streams designated as impaired or Exceptional Tennessee waters, as designated by
the Tennessee Department of Environment and Conservation. A 30-foot natural
riparian buffer zone adjacent to all streams at the construction site shall be preserved,
to the maximum extent practicable, during construction activities at the site. The
water quality buffer zone is required to protect waters of the state located within or
immediately adjacent to the boundaries of the project, as identified using
methodology from Standard Operating Procedures for Hydrologic Determinations
(see rules to implement a certification program for Qualified Hydrologic
Professionals, TN Rules Chapter 0400-40-17). Buffer zones are not primary sediment
control measures and should not be relied on as such. Rehabilitation and enhancement
of a natural buffer zone is allowed, if necessary, for improvement of its effectiveness
of protection of the waters of the state. The buffer zone requirement only applies to
new construction sites. The riparian buffer zone should be preserved between the top
of stream bank and the disturbed construction area. The 30-feet criterion for the width
of the buffer zone can be established on an average width basis at a project, as long as
the minimum width of the buffer zone is more than 15 feet at any measured location.
Buffer zone requirements for discharges into impaired or high quality waters
A 60-foot natural riparian buffer zone adjacent to the receiving stream designated as
impaired or high quality waters shall be preserved, to the maximum extent
practicable, during construction activities at the site. The water quality buffer zone is
required to protect waters of the state (e.g.,perennial and intermittent streams, rivers,
lakes, wetlands) located within or immediately adjacent to the boundaries of the
project, as identified on a 7.5-minute USGS quadrangle map, or as determined by the
director. Buffer zones are not sediment control measures and should not be relied
upon as primary sediment control measures. Rehabilitation and enhancement of a
natural buffer zone is allowed, if necessary, for improvement of its effectiveness of
protection of the waters of the state. The buffer zone requirement only applies to new
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construction sites. The riparian buffer zone should be established between the top of
stream bank and the disturbed construction area. The 60-feet criterion for the width of
the buffer zone can be established on an average width basis at a project, as long as
the minimum width of the buffer zone is more than 25 feet at any measured location.
(b) Permanent new development and significant redevelopment sites are required to
preserve water quality buffers along waters within the MS4. Buffers shall be clearly
marked on site development plans, Grading Permit applications, and/or concept plans.
Buffer width depends on the size of a drainage area. Streams or other waters with
drainage areas less than 1 square mile will require buffer widths of 30 feet minimum.
Streams or other waters with drainage areas greater than 1 square mile will require
buffer widths of 60 feet minimum. The 60-feet criterion for the width of the buffer
zone can be established on an average width basis at a project, as long as the
minimum width of the buffer zone is more than 30 feet at any measured location.
Certified Erosion Control Contractor or Qualified Contractor means a person who has
received training and is certified by the Tennessee Department of Environment and
Conservation (TDEC) to inspect and maintain erosion and sediment control practices.
Channel means a natural or artificial watercourse with a definite bed and banks that
conducts flowing water continuously or periodically.
Clearing means any activity that removes the vegetative surface cover.
Co-Permittees are operators who by mutual consent request joint and severed
responsibility for coverage under this general permit.
Common Plan of Development or Sale is broadly defined as any announcement or
documentation (including a sign, public notice or hearing, sales pitch, advertisement,
drawing, permit application, zoning request, computer design, etc.) or physical
demarcation (including boundary signs, lot stakes, surveyor markings, etc.) indicating
construction activities may occur on a specific plot. A common plan of development or
sale identifies a situation in which multiple areas of disturbance are occurring on
contiguous areas. This applies because the activities may take place at different times, on
different schedules, by different operators.
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Community Water means any and all rivers, streams, creeks, branches, lakes, reservoirs,
ponds, drainage systems, springs, wetlands, wells and other bodies of surface or
subsurface water, natural or artificial, lying within or forming a part of the boundaries of
Bradley County.
Construction Site Operator for the purpose of permitting and in the context of
stormwater associated with construction activity, means any person associated with a
construction project that meets either of the following two criteria:
(a) This person has operational or design control over construction plans and
specifications, including the ability to make modifications to those plans and
specifications. This person is typically the owner or developer of the project or a
portion of the project, and is considered the primary permittee; or
This person has day-to-day operational control of those activities at a project which
are necessary to ensure compliance with a SWPPP for the site or other permit
conditions. This person is typically a contractor or a commercial builder who is hired
by the primary permitee, and is considered a secondary permittee.
It is anticipated that at different phases of a construction project, different types of parties may
satisfy the definition of the “construction site operator.”
Contaminant means any physical, chemical, biological, or radiological substance or
matter in water.
Control Measure refers to any Best Management Practice or other method used to
prevent or reduce the discharge of pollutants to waters of the state.
County means Bradley County, Tennessee.
CWA or The Act means Clean Water Act (formerly referred to as the Federal Water
Pollution Control Act or Federal Water Pollution Control Act Amendments of 1972)
Pub.L.92-500, as amended Pub.L.95-217, Pub.L.95-576, Pub.L.96-483 ad Pub.L.97-117,
33 U.S.C. 1251 et seq.
Design Storm Event means a hypothetical storm event, of a given frequency interval and
duration, used in the analysis and design of a stormwater facility. The estimated design
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rainfall amounts, for any return period interval (i.e., 2-yr, 5-yr, 25-yr, etc.,) in terms of
either 24-hour depths or intensities for any duration, can be found by accessing the
following NOAA National Weather Service Atlas 14 data for Tennessee:
http://hdsc.nws.noaa.gov/hdsc/pfds/ pfds_map_cont.html?bkmrk=tn. Other data
sources may be acceptable with prior written approval by TDEC Water Pollution Control.
Developer means any individual, firm, corporation, association, partnership, or trust
authorized as an owner, corporate officer to obtain permits, whether federal, state, or
local whose plan or intent is to alter or modify land characteristics or attributes.
Development means any alteration or modification to land, improved or unimproved,
including but not limited to, buildings or other structures, mining, dredging, filling,
grading, paving, excavating, drilling operation, or permanent storage of materials
(“materials” of like nature stored in whole or in part for more than 6 months).
Director means the director of the Tennessee Division of Water Pollution Control, or an
authorized representative.
Discharge when used without a qualifier, refers to “discharge of a pollutant” as define at
40 CFR 122.2.
Discharge-related Activities” are activities which cause, contribute to, or result in
stormwater point source discharges; and measures to control stormwater discharges,
including the site, construction and operation of best management practices (BMPs) to
control, reduce or prevent stormwater pollution.
Disturbance means any activity that alters the existing ground or vegetative surface
cover.
Division means the Tennessee Department of Environment and Conservation, Division of
Water Pollution Control.
Drainage Way means any channel that conveys surface runoff throughout the site.
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Easement means an acquired privilege or right of use or enjoyment that a person, party,
firm, corporation, municipality or other legal entity has in the land of another.
Enforcement Response Plan (ERP) is a matrix of enforcement actions to be taken for
noncompliance incidents. Permittees are required to include in their ordinance, or other
regulatory mechanism, penalty provisions to ensure compliance with construction
requirements, to require the removal of illicit discharges, and to address noncompliance
with post-construction requirements. In complying with these requirements, EPA
recommends the use of enforcement responses that vary with the type of permit violation,
and escalate if violations are repeated or not corrected. The MS4 must develop and
implement an enforcement response plan (ERP), which clearly describes the action to be
taken for common violations associated with the construction program, or other
Stormwater Management Program elements. A well-written ERP provides guidance to
inspectors on the different enforcement responses available, actions to address general
permit non-filers, when and how to refer violators to the state, and how to track
enforcement actions.
See appendix D (Enforcement Response Plan)
Engineer or Professional Engineer means person licensed by the State of Tennessee as a
Professional Engineer.
Erosion means the removal of soil particles by the action of water, wind, ice or other
geological agents, whether naturally occurring or acting in conjunction with or promoted
by human activities or effects.
Erosion Control means a measure that prevents erosion.
Erosion Prevention and Sediment Control Plan (EPSCP) means a written plan
(including drawings or other graphic representations) that is designed to minimize the
accelerated erosion and sediment runoff at a site during construction activities.
Exceptional Tennessee Waters are surface waters of the State of Tennessee that satisfy
the characteristics as listed in Rule 1200-4-3-.06 of the official compilation- rules and
regulations of the State of Tennessee. Characteristics include waters within the state or
national parks, wildlife refuges, wilderness or natural areas; State or Federal Scenic
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Rivers; Federally-designated critical habitat; waters within areas designated as Lands
Unsuitable for Mining; waters with naturally reproducing trout; waters with exceptional
biological diversity or; other waters with outstanding ecological or recreational value as
determined by the department.
Grading means the excavation or fill of material, including the resulting conditions
thereof.
Hot spot (Priority Area) means an area where land use or activities generate highly
contaminated runoff, with concentrations of pollutants in excess of those typically found
in stormwater. The following land uses and activities are deemed stormwater hot spots,
but that term is not limited to only these land uses:
(a) vehicle salvage yards and recycling facilities
(b) vehicle service and maintenance facilities
(c) vehicle and equipment cleaning facilities
(d) vehicle supply shops
(e) fleet storage areas (bus, truck, etc.)
(f) industrial sites (included on Standard Industrial Classification code list)
(g) marinas (service and maintenance)
(h) public works storage areas
(i) facilities that generate or store hazardous waste materials
(j) commercial container nursery
(k) restaurants and food service facilities
(l) operations producing concrete or asphalt
(m) large commercial parking areas
(n) other land uses and activities as designated by an appropriate review authority
Illicit Connections means any man-made conveyance connecting an illicit discharge
directly to a municipal separate storm sewer.
Illicit Discharge is defined at 40 CFR 122.26(b)(2) and refers to any discharge to a
municipal separate storm sewer system that is not composed entirely of stormwater,
except discharges authorized under an NPDES permit (other than the NPDES permit for
discharges from the MS4) and discharges resulting from fire fighting activities.
Impaired Waters means any segment of surface waters that has been identified by the
division as failing to support classified uses. The division periodically compiles a list of
such waters know as the “303d” List.
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Improved Sinkhole is a natural surface depression that has been altered in order to direct
fluids into the hole opening. Improved sinkhole is a type of injection well regulated under
TDEC’s Underground Injection Control (UIC) program. Underground injection
constitutes an intentional disposal of waste waters in natural depressions, open fractures,
and crevices (such as those commonly associated with weathering of limestone).
Inspector An inspector is a person that has successfully completed (has a valid
certification from) the “Fundamentals of Erosion Prevention and Sediment Control Level
I” course or equivalent course. An inspector performs and documents the required
inspections, paying particular attention to time-sensitive permit requirements such as
stabilization and maintenance activities. An inspector may also have the following
responsibilities:
(a) oversee the requirements of other construction-related permits, such as Aquatic
Resources Alteration Permit (ARAP) or Corps of Engineers permit for
construction activities in or around waters of the state;
(b) update field SWPPP’s;
(c) conduct pre-construction inspection to verify that undisturbed areas have been
properly marked and initial measures have been installed; and
(d) inform the permit holder of activities that may be necessary to gain or remain in
compliance with the Construction General Permit (CGP) and other environmental
permits.
Load Allocation (LA): The portion of a receiving water’s loading capacity that is
attributed either to one of its existing or future nonpoint sources of pollution or to natural
background (40 CFR 130.2(g)).
Land Disturbance Permit means a permit issued by Bradley County for the construction
or alteration of ground improvements and structures for the control of erosion, runoff,
and grading. (Appendix A)
Land Disturbing Activity means any activity on property that results in a change in the
existing soil cover (both vegetative and non-vegetative) and/or the existing soil
topography. Land-disturbing activities include, but are not limited to, development, redevelopment, demolition, construction, reconstruction, clearing, grading, filling,
excavation, and borrow pits.
Maintenance means any activity that is necessary to keep a stormwater facility in good
working order so as to function as designed. Maintenance shall include complete
reconstruction of a stormwater facility if reconstruction is needed in order to restore the
facility to its original operational design parameters. Maintenance shall also include the
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correction of any problem on the site property that may directly impair the functions of
the stormwater facility.
Maintenance Agreement means a document recorded in the land records that acts as a
property deed restriction, and which provides for long-term maintenance of stormwater
management practices.
Margin of Safety (MOS): The “MOS” accounts for uncertainty in the loading
calculation. The MOS may not be the same for different water bodies due to differences
in the availability and strength of data used in the calculations.
Maximum Extent Practicable (MEP) is the technology-based discharge standard for
Municipal Separate Storm Sewer Systems to reduce pollutants in stormwater discharges
that was established by CWA 402(p). MS4 operators shall develop and implement their
Stormwater Management Programs to reduce the discharge of pollutants to the maximum
extent practicable, including management practices, control techniques and system,
design and engineering methods, and such other provisions as the Administrator or the
State determines appropriate for the control of pollutants. A discussion of MEP as it
applies to small MS4s is found at 40 CFR 122.34.
Monitoring refers to tracking or measuring activities, progress, results, etc.; and can refer
to non-analytical monitoring for pollutants by means other than 40 CFR 136 (and other
than state- or federally established protocols in the case of biological monitoring and
assessments), such as visually or by qualitative tools that provide comparative values or
rough estimates.
Municipal Separate Storm Sewer System (MS4) is defined at 40 CFR 122.26(b)(8) and
means a conveyance or system of conveyances (including roads with drainage systems,
municipal streets, catch basins, curbs, gutters, ditches, man-made channels, or storm
drains):
(a)
Owned or operated by a State, city, town, borough, county, parish, district,
association, or other public body (created by or pursuant to State law) having jurisdiction
over disposal of sewage, industrial wastes, stormwater, or other wastes, including special
districts under State law such as a sewer district, flood control district or drainage district,
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or similar entity, or a designated and approved management agency under section 208 of
the CWA that discharges to waters of the state;
(b)
Designed or used for collecting or conveying stormwater;
(c)
Which is not a combines sewer; and
(d)
Which is not part of a Publicly Owned Treatment Works (POTW) as defined at 40
CFR 122.2.
National Pollutant Discharge Elimination System Permit or “NPDES Permit means a
permit issued pursuant to 33 U.S.C. 1342.
NOI is an acronym for “Notice of Intent” recognized by TDEC as the mechanism used
to “register” for coverage under a general permit.
Nonpoint Source is essentially any source of pollutant(s) that is not a point source.
Examples are sheet flow from pastures and runoff from paved areas.
Off-site Facility means a structural BMP located outside the subject property boundary
described in the permit application for land development activity.
On-site Facility means a structural BMP located within the subject property boundary
described in the permit application for land development activity.
Owner or Operator means the owner or operator of any “facility or activity” subject to
regulation under the NPDES program.
Peak Flow means the maximum instantaneous rate of flow of water at a particular point
resulting from a storm event.
Perimeter Control means a barrier that prevents sediment from leaving a site by filtering
sediment-laden runoff or diverting it to a sediment trap or basin.
Person means any and all persons, natural or artificial, including any individual, firm or
association and any municipal or private corporation organized or existing under the laws
of this or any other state or country.
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Phasing means clearing a parcel of land in distinct phases or planning land disturbance
activities in segments or increments, with the stabilization of each phase completed
before land disturbance of the next phase or segment. Phasing should be used to minimize
the area of exposed erodible material and is an erosion control measure that is to be used
with each segment of the construction or land disturbance project.
Point Source means any discernible, confined, and discrete conveyance, including but
not limited to, any pipe, ditch, channel, tunnel, conduit, well, discrete fissure, container,
rolling stock, concentrated animal feeding operation, landfill leachate collection system,
vessel or other floating craft from which pollutants are or may be discharged. This term
does not include return flows from irrigated agriculture or agricultural stormwater runoff.
Priority Area means Hot Spot as defined in Section 2 of this Policy.
Priority Construction Activity shall be defined by MS4, but shall include, at a minimum,
those construction activities discharging directly into, or immediately upstream of, waters
the state recognizes as impaired (for siltation or habitat alteration) or Exceptional
Tennessee Waters.
Process Wastewater any water which, during manufacturing or processing, comes into
direct contact with or results from the production or use of any raw material, intermediate
product, finished product, by-product or waste product.
Qualifying Local Program (QLP) is an MS4 Stormwater Management Program for
discharges associated with construction activity that has been formally approved by the
division as having met specific minimum program requirements, including those
identified in 40 CFR 122.44(s). The intent of the QLP is to establish a streamlined and
efficient process for managing discharges of stormwater associated with construction
activities by eliminating duplication of the effort between the MS4 and the Division.
Redevelopment means the alteration of developed land that disturbs one acre or more, or
less than an acre if part of a larger common plan of development, and increases the site or
building impervious footprint, or offers a new opportunity for stormwater controls. The
term is not intended to include such activities as exterior remodeling, which would not be
expected to cause adverse stormwater quality impacts.
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Retention Pond means artificial pond used to store or detain stormwater runoff to allow
for settlement of suspended solids and biological treatment.
Runoff means that portion of the precipitation on a drainage area that is discharged from
the area into the municipal separate stormwater system.
Sediment means solid material, both mineral and organic, that is in suspension, is being
transported, or has been moved from its site of origin by air, water, gravity, or ice and has
come to rest on the earth's surface either above or below sea level.
Sediment Control means measures that prevent eroded sediment from leaving the site.
Sedimentation means soil particles suspended in stormwater that can settle in stream
beds and disrupt the natural flow of the stream.
Significant Contributor is defined as a source of pollutants where the volumes,
concentration, or mass of a pollutant in a stormwater discharge can cause or threaten to
cause pollution, contamination, or nuisance that adversely impact human health or the
environment and cause or contribute to a violation of any applicable water quality
standards for receiving water.
Site means a parcel or a portion of a parcel of land or a contiguous combination thereof,
where grading work is performed as a single unified operation.
A regulated Small Municipal Separate Storm Sewer System (MS4) is not defined as
“large” (municipality with a population of 250,000 or more) or “medium” (municipality
with a population of 100,000 or more) municipal separate storm sewer system and refers
to all separate storm sewers that are owned or operated by the United States, a State, city,
town, borough, county, parish, district, association, or other public body (created by or
pursuant to State law) having jurisdiction over disposal of sewage, industrial wastes,
stormwater, or other wastes, including special districts under State law such as a sewer
district, flood control district or drainage district, or similar entity, or a designated and
approved management agency under section 208 of the CWA that discharges to waters of
the state. This term includes systems similar to separate storm sewer systems in
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municipalities, such as systems at military bases, large hospital or prison complexes, and
highways and other thoroughfares. The term does not include separate storm sewers in
very discrete areas, such as individual buildings.
Soils Report means a study of soils on a subject property with the primary purpose of
characterizing and describing the soils. The soils report shall be prepared by a qualified
soils engineer, who shall be directly involved in the soil characterization either by
performing the investigation or by directly supervising employees.
Stabilization means providing adequate measures, vegetative and/or structural, that will
prevent erosion from occurring. The use of practices that prevent erosion from occurring.
Start of Construction means the first land-disturbing activity associated with a
development, including land preparation such as clearing, grading, and filling;
installation of streets and walkways; excavation for basements, footings, piers, or
foundations; erection of temporary forms; installation of accessory buildings such as
garages.
Stormwater is defined at 40 CFR 122.26(b)(13) and means stormwater runoff,
snowmelt runoff, surface runoff, street wash waters related to street cleaning or
maintenance, infiltration and drainage within a tributary drainage basin.
Stormwater Management Facilities means the drainage structures, conduits, ditches,
combined sewers, sewers, and all device appurtenances by means of which stormwater is
collected, transported, pumped, treated or disposed of.
Stormwater Management Plan (SWMP) is a written compilation of the elements of
the Stormwater Management Program. It is considered a single document, even though it
actually consists of separate stand-alone components. There is no requirement for the
SWMP, or its portions, to be submitted to the division, unless requested by the division in
writing.
Stormwater Management Program refers to a comprehensive program to manage the
quality of stormwater discharged from the municipal separate storm sewer system.
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Stormwater Pollution Prevention Plan (SWPPP) is a written plan that includes site
map(s), an identification of construction/contractor activities that could cause pollutants
in the stormwater, and a description of measures or practices to control these pollutants.
It must be prepared and approved before construction begins. In order to effectively
reduce erosion and sedimentation impacts, Best Management Practice (BMPs) must be
designed, installed, and maintained during land disturbing activities. The SWPPP shall
be prepared in accordance with the Tennessee Erosion and Sediment Control Handbook
or local BMP Manual, whichever is more stringent and protective of waters of the state.
The handbook is designed to provide information to planners, developers, engineers, and
contractors on the proper selection, installation, and maintenance of BMPs. The
handbook is intended for use during the design and construction of projects that require
erosion and sediment controls to protect waters of the state. It also aids in the
development of SWPPPs and other reports, plans, or specifications required when
participating in Tennessee’s water quality regulations.
Stormwater Program Administrator is the person designated by the Mayor to be
responsible for administering and executing Bradley County’s MS4 Permit
Stormwater Runoff means flow on the surface of the ground, resulting from
precipitation.
Stormwater Utility means the stormwater utility created by resolution of the county to
administer the stormwater management ordinance, and other stormwater rules and
regulations adopted by the municipality.
Stream means a surface water that is not a wet weather conveyance.
Structural BMPs means devices that are constructed to provide control of stormwater
runoff.
Surface Water includes waters upon the surface of the earth in bounds created naturally
or artificially including, but not limited to, streams, other water courses, lakes and
reservoirs.
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Total Maximum Daily Load (TMDL) in this permit generally refers to a study that
quantifies the amount of a pollutant that can be assimilated in a water body, identifies the
sources of the pollutant, and recommends regulatory or other actions to be taken to
achieve compliance with applicable water quality standards based on the relationship
between pollution sources and in-stream water quality conditions. A TMDL can be
expressed as the sum of all point source loads (Waste Load Allocations), non-point
source loads (Load Allocations), and an appropriate margin of safety (MOS), which takes
into account any uncertainty concerning the relationship between effluent limitations and
water quality:
TMDL = ∑WLAs + ∑LAs + MOS
The objective of a TMDL is to allocate loads among all of the known pollutant sources
throughout a watershed so that appropriate control measures can be implemented and
water quality standards achieved. 40 CFR 130.2(i) states that TMDLs can be expressed
in terms of mass per time, toxicity, or other appropriate measure.
Two-Year Storm is a nationally accepted rate that represents the largest amount of
rainfall expected over a 24-hour period during a 2-year interval. The rate is the basis for
planning and designing stormwater management facilities and features.
Urbanized Area means a land area comprising one or more places and the adjacent
densely settled surrounding area that together have a residential population of at least
50,000 and an overall population density of at least 1,000 people per square mile as
determined by the census.
Waste Load Allocation (WLA): The portion of a receiving water’s loading capacity that
is allocated to one of its existing or future point sources of pollution. WLAs constitute
the type of water quality-based effluent limitation (40 CFR 130.2(h)).
Waste Site means an area where waste material from a construction site is deposited.
When the material is erodible, such as soil, the site must be treated as a construction site.
Water Quality Buffer means a setback from the top of water body’s bank of undisturbed
vegetation, including trees, shrubs and herbaceous vegetation; enhanced or restored
17
vegetation; or the re-establishment of native vegetation bordering streams, ponds,
wetlands, springs, reservoirs or lakes, which exists or is established to protect those water
bodies. The goal of the water quality buffer is to preserve undisturbed vegetation that is
native to the streamside habitat in the area of the project. Vegetated, preferably native,
water quality buffers protect water bodies by providing structural integrity and canopy
cover, as well as stormwater infiltration, filtration and evapotranspiration. Buffer width
depends on the size of a drainage area. Streams or other waters with drainage areas less
than one (1) square mile will require buffer widths of thirty (30) feet minimum. Streams
or other waters with drainage areas greater than one (1) square mile will require buffer
widths of sixty (60) feet minimum. The sixty (60) feet criterion for the width of the
buffer zone can be established on an average width basis at a project, as long as the
minimum width of the buffer zone is more than thirty (30) feet at any measured location.
The MS4 must develop and apply criteria for determining the circumstances under which
these averages will be available. A determination that standards cannot be met may not
be based solely on the difficulty or cost associated with implementation.
Every attempt should be made for development and redevelopment activities not to take
place within the buffer zone. If water quality buffer widths as defined above cannot be
fully accomplished on-site, the MS4 must develop and apply criteria for determining the
circumstances under which alternative buffer widths will be available. A determination
that water quality buffer widths cannot be met on site may not be based solely on the
difficulty or cost of implementing measures, but must include multiple criteria, such as:
type of project, existing land use and physical conditions that preclude use of these
practices.
Watercourse means a permanent or intermittent stream or other body of water, either
natural or man-made, which gathers or carries surface water, including, but not limited to
lakes, ponds, streams, wet weather conveyance, and bodies of water delineated by
Bradley County.
Watershed means all the land area that contributes runoff to a particular point along a
waterway.
Waters or Water of the State means any and all water, public or private, on or beneath
the surface of the ground, which are contained within, flow through, or border upon
18
Tennessee or any portion thereof except those bodies of water confined to and retained
within the limits of private property in single ownership which do not combine to effect a
junction with natural surface or underground waters.
Waterway means a channel that directs surface runoff to a watercourse or to the public
storm drain.
Wetlands means those areas that are inundated or saturated by surface or groundwater at
a frequency and duration sufficient to support a prevelance of vegetation typically
adapted to life in saturated soil conditions. Wetlands include, but are not limited to,
swamps, marshes, bogs, and similar areas.
Wet Weather Conveyances means, notwithstanding any other law or rule to the contrary,
man-made or natural watercourse, including natural watercourses that have been
modified by channelization:
(a) That flow only in direct response to precipitation runoff in their immediate locality;
(b) Whose channels are at all times above groundwater table;
(c) That are not suitable for drinking water supplies; and
(d) In which hydrological and biological analyses indicate that, under normal weather
conditions, due to naturally occurring ephemeral or low flow there is not sufficient
water to support fish, or multiple populations of obligate lotic aquatic organisms
whose life cycle includes an aquatic phase of at lease two (2) months.
You and Your as used in this permit is intended to refer to the permittee, the operator, or
the discharger as the context indicates and that party’s responsibilities (e.g. the city, the
county, the flood control district, the U.S. Air Force, etc.).
Section 3. Land disturbance permits.
(1). When required.
(a) Every person will be required to obtain a land disturbance permit from the Bradley
County Storm Water office for all land disturbing activities in accordance with the
Bradley County Land Disturbance Permit Policy. (Appendix A) In addition, a separate
permit must be obtained from the Tennessee Department of Environment and
Conservation (TDEC) for the following cases: (MS4 permit section 4.2.4.1)
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1. Land disturbing activity disturbs one (1) or more acres of land;
2. Land disturbing activity of less than one (1) acre of land if such activity is part
of a larger common plan of development that affects one (1) or more acre of land;
3. Land disturbing activity of less than one (1) acre of land, if such activity is
located so that any runoff from the site impacts a stream defined as “impaired
waters” or “priority construction activity” or where the activity poses a unique
threat to water, or where public health and safety should be considered; (MS4
permit section 4.2.4.1.9)
4. The creation and use of borrow pits (movement of material for offsite
development).
The tracking number assigned by TDEC will be required to obtain a land disturbance
permit.
(2). Building permit. No building permit shall be issued until the applicant has applied for a land
disturbance permit and has read, understood and initialed the Erosion Control Pre-Construction
Checklist. (Appendix A)
(3). Exemptions. The following activities are exempt from the permit requirement:
(a) Any emergency activity that is immediately necessary for the protection of life,
property, or natural resources.
(b) Existing nursery and agricultural operations conducted as a permitted main or
accessory activity under the State of Tennessee NPDES program.
(c) Any agricultural activity that is consistent with an approved farm conservation plan or
a timber management plan prepared or approved by the USDA Natural Resources
Conservation Service.
(d) Others as addressed in the Land Disturbance Permit Policy
(4). Application. Application for a land disturbance permit shall be in accordance with the Land
Disturbance Permit Policy.
(a) Each application shall include the following:
(1) Name of applicant;
(2) Business or residence address of applicant;
(3) Name, address and telephone number of the owner of the property of record in
the office of the assessor of property;
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(4) Address and legal description of subject property including the tax reference
number and parcel number of the subject property;
(5) Name, address and telephone number of the contractor and any
subcontractor(s) who shall perform the land disturbing activity and who shall
implement the erosion and sediment control plan;
(6) A statement indicating the nature, extent and purpose of the land disturbing
activity including the size of the area for which the permit shall be applicable and
a schedule for the starting and completion dates of the land disturbing activity.
(7) The drainage basin and receiving waters to identify the frequency of MS4
inspections. (MS4 permit section 4.2.4.1.9)
(8) Where the property includes a sinkhole and/or waters defined as “state waters”
or a “blue line stream,” and the proposed land disturbance activity will alter or
impact state waters, the applicant shall obtain from the Tennessee Department of
Environment and Conservation appropriate permits or authorization to proceed
prior to the issuance of a land disturbing permit under authority of this ordinance.
(MS4 rational D-3)
(9) The applicant shall obtain from any other state or federal agency any other
appropriate environmental permits that pertain to the property. However, the
inclusion of those permits in the application shall not foreclose Bradley County
from imposing additional development requirements and conditions,
commensurate with this ordinance, on the development of property covered by
those permits.
(b) Each application shall be accompanied by:
(1) A Stormwater Pollution Prevention Plan as described in Section 4(5)of this
Policy.
(2) A stormwater management plan as described in Section 4(5) of this Policy,
providing for stormwater management during the land disturbing activity and
after the activity has been completed.
(3) Each application for a land disturbance permit shall be accompanied by
payment of land disturbance permit fee as outlined in the Land Disturbance
Permit Policy and other stormwater management fees as applicable.
(4) Each application shall contain the NOI Tracking # assigned by the TDEC
review office.
(5). Review and approval of application.
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(a) The Bradley Stormwater staff will review each application for a land disturbance
permit to determine its conformance with the provisions of this ordinance. Within 14
days after receiving an application, the Bradley County Stormwater staff shall provide
one of the following responses in writing:
(1) Approval of the permit application;
(2) Approval of the permit application, subject to such reasonable conditions as
may be necessary to secure substantially the objectives of this ordinance, and
issue the permit subject to these conditions (Bradley County in accordance with
the Phase II MS4 General Permit will hold County permit approvals in abeyance
until state coverage under the NPDES permit program is applied for by the
applicant and a NOI tracking number is received)(MS4 Rational D-3); or
(3) Denial of the permit application, indicating the reason(s) for the denial. Permit
denials may be appealed to the Stormwater Administrative Board.
(b) If the Bradley County Stormwater Department has granted conditional approval of
the permit, the applicant shall submit a revised plan that conforms to the conditions
established by Bradley County. However, the applicant may be allowed to proceed with
his land disturbing activity so long as it conforms to conditions established by the
Bradley County.
(c) No development plans will be released until the land disturbance permit has been
approved.
(6). Permit duration.
The Land Disturbance Permit is valid for a period of one (1) year from the date of issue.
Extensions will be considered based on the circumstances. Every land disturbance permit shall
expire and become null and void if substantial work authorized by such permit has not
commenced within one hundred eighty (180) calendar days of issuance. The guidelines of the
Land Disturbance Permit Policy shall be followed.
(7). Notice of construction.
The applicant must notify the Bradley County Stormwater Department ten (10) working days in
advance of the commencement of construction. All erosion prevention and sediment control
measures shall be installed and approved before any land disturbing activity begins. Regular
inspections of the stormwater management system, at a minimum of once per month, for the
construction will be conducted by the Bradley County Stormwater personnel. Government
officials shall have right-of-entry on sites to perform inspections. The applicant shall maintain
22
and provide twice weekly inspection reports of the applicants site development and construction.
All inspections and reports shall be conducted and submitted by a Certified Erosion Control
Contractor. All inspections shall be documented and written reports prepared that contain the
following information:
(1) The date and location of the inspection;
(2) Whether construction is in compliance with the approved stormwater
management plan;
(3) Variations from the approved construction specifications;
(4) Any violations that exist.
(8). Performance bonds.
(a) The Bradley Stormwater Department may, at its discretion, require the submittal of a
performance security, performance bond or undated Letter of Credit prior to issuance of a
permit in order to ensure that the stormwater practices are installed by the permit holder
as required by the approved SWPPP and stormwater management plan. The amount of
the installation performance security, or performance bond, or undated letter of credit
shall be the total estimated construction cost of the structural BMPs approved under the
permit plus 25% for any reasonably foreseeable additional related costs, e.g., for damages
or enforcement. The performance security shall contain forfeiture provisions for failure to
complete work specified in the stormwater management plan. The applicant shall provide
an itemized construction cost estimate complete with unit prices, which shall be subject
to acceptance, amendment or rejection by the Bradley County Stormwater Department .
Alternatively the Bradley County Stormwater Department shall have the right to
calculate the cost of construction cost estimates.
(b) The performance security, performance bond or undated letter of credit shall be in
force at all times and shall be released in full only upon submission of as-built plans and
written certification by a registered professional engineer licensed to practice in
Tennessee that the structural BMP has been installed in accordance with the approved
plan and other applicable provisions of this ordinance. The Bradley County Stormwater
Department will make a final inspection of the structural BMPs to ensure that they are in
compliance with the approved plan and the provisions of this ordinance.
Section4. Stormwater system design and management standards.
(1) Stormwater design or BMP manual.
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(a) Adoption. The municipality adopts as its guidelines for stormwater design and best
management practices (BMP) manual the following publications, which are incorporated
by reference in this ordinance as is fully set out herein:
(1) TDEC Sediment and Erosion Control Manual
http://www.state.tn.us/environment/wpc/sed_ero_controlhandbook/
(2) Tennessee Guide to the Selection & Design of Stormwater Best Management
Practices (BMPs), A Guide for Phase II MS4 Communities for Protecting Postconstruction Stormwater Quality and Managing Stormwater Flow prepared by
TDEC and the Tennessee Water Resources Research Center at UT
http://eerc.ra.utk.edu/divisions/wrrc/BMP/bmp.htm
(3) Tennessee Runoff Reduction Assessment Tool (TNRRAT).
(4) Tennessee Permanent Stormwater Management and Design Guidance
Manual, First Edition, December 2014,
https://app.box.com/s/pdl1afehg00s1wwqa94d8qmizyptxw3i/1/2997773433/2
5367692645/1
(b) These manuals include a list of acceptable BMPs including the specific design
performance criteria and operation and maintenance requirements for each stormwater
practice. The manual may be updated and expanded from time to time, at the discretion
of the governing body of the municipality, upon the recommendation of the Bradley
County Stormwater Administrator , based on improvements in engineering, science,
monitory and local maintenance experience.
Stormwater facilities that are designed, constructed and maintained in accordance with
these BMP criteria will be presumed to meet the minimum water quality performance
standards.
(2) General performance criteria for stormwater management.
The following performance criteria shall be addressed for stormwater management at all sites:
(a) All site designs shall control the peak flow rates of stormwater discharge
associated with design storms specified in this ordinance, the Stormwater Best
Management Practice (BMP) Guide Manual for Tennessee , and reduce the
generation of post construction stormwater runoff to pre-construction levels.
Stormwater discharges from new development and redevelopment sites must be
managed such that post-development hydrology does not exceed pre-development
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hydrology. Runoff reduction is the preferred control practice as it can achieve both
volume control and pollutant removal.
These practices should seek to utilize pervious areas for stormwater treatment and to
infiltrate stormwater runoff from driveways, sidewalks, rooftops, parking lots, and
landscaped areas to the maximum extent practical to provide treatment for both water
quality and quantity.
(b) Posting information at the construction site
The permittee shall post a notice near the main entrance of the construction site
accessible to thepublic with the following information:
i.
a copy of the NOC with the NPDES permit tracking number for the construction
project;
ii.
name, company name, E-mail address (if available), telephone number and
address of the project site owner/operator or a local contact person;
iii.
a brief description of the project; and
iv.
the location of the SWPPP.
The notice must be maintained in a legible condition. If posting this information near a main
entrance is infeasible due to safety concerns, or not accessible to the public, the notice shall be
posted in a local public building. If the construction project is a linear construction project (e.g.,
pipeline, highway, etc.), the notice must be placed in a publicly accessible location near where
construction is actively underway and moved as necessary. This permit does not provide the
public with any right to trespass on a construction site for any reason, including inspection of a
site. This permit does not require that permittees allow members of the public access to a
construction site.
The permittee shall also retain following items/information in an appropriate location on-site:
i.
ii.
iii.
iv.
a rain gauge;
a copy of twice weekly inspection reports;
a documentation of quality assurance site assessments, if applicable; and
a copy of the site inspector’s Fundamentals of Erosion Prevention and Sediment
Control Level 1 certification.
If runoff reduction and/or pollutant removal cannot be fully accomplished on-site per 4.2.5.2.1
and 4.2.5.2.2, then the MS4 may propose off-site mitigation and/or payment into a fund for
public stormwater projects. The MS4 must develop and apply criteria for determining the
circumstances under which these alternatives will be available. A determination that standards
cannot be met on site may not be based solely on the difficulty or cost of implementing
measures, but must include multiple criteria that would rule out an adequate combination of
infiltration, evapotranspiration and reuse such as: lack of available
25
area to create the necessary infiltrative capacity; a site use that is inconsistent with capture and
reuse of stormwater; physical conditions that preclude use of these practices.
(c) Runoff Reduction (green infrastructure) Permit Section 4.2.5.2.1
Site design standards for all new and redevelopment require, in combination or alone,
management measures that are designed, built and maintained to infiltrate,
evapotranspire, harvest and/or use, at a minimum, the first inch of every rainfall event
preceded by 72 hours of no measurable precipitation. This first inch of rainfall must be
100% managed with no storm water runoff being discharged to surface waters. For all
new and redevelopment on private property, the MS4 may opt to have controls
installed on that private property, in the public right-of-way, or a combination of both.
Limitations to the application of runoff reduction requirements include, but are not limited to:
Where a potential for introducing pollutants into the groundwater exists, unless
pretreatment is provided;
Where pre-existing soil contamination is present in areas subject to contact with
infiltrated runoff;
Presence of sinkholes or other karst features.
Pre-development infiltrative capacity of soils at the site must be taken into account in
selection of runoff reduction management measures.
The MS4 may develop a program to allow for incentive standards for redeveloped sites. The
MS4 may provide a 10% reduction in the volume of rainfall to be managed for any of the
following types of development. Such credits are additive such that a maximum reduction of
50% of the standard in the paragraph above is possible for a project that meets all 5 criteria:
Redevelopment;
Brownfield redevelopment;
High density (>7 units per acre);
Vertical Density, (Floor to Area Ratio (FAR) of 2 or >18 units per acre); and
Mixed use and Transit Oriented Development (within ½ mile of transit).
(d) Pollutant Removal (Permit Section 4.2.5.2.2)
For projects that cannot meet 100% of the runoff reduction requirement unless subject
to the incentive standards, the remainder of the stipulated amount of rainfall must be
treated prior to discharge with a technology reasonably expected to remove 80% total
26
suspended solids (TSS). The treatment technology must be designed, installed and
maintained to continue to meet this performance standard.
(e) Off-site mitigation (Permit Section 4.2.5.2.3)
For projects that cannot meet 100% of the runoff reduction requirements, the MS4
may allow runoff reduction measures to be implemented at another location within the
same USGS 12- digit hydrologic unit code (HUC) as the original project. Off-site
mitigation must be a minimum of 1.5 times the amount of water not managed on site.
The off-site mitigation location (or alternative location outside the 12-digit HUC) and
runoff reduction measures must be approved by the MS4. The MS4 shall identify
priority areas within the watershed in which mitigation projects can be completed. The
MS4 must create an inventory of appropriate mitigation projects, and develop
appropriate institutional standards and management systems to value, evaluate and
track transactions. Mitigation can be used for retrofit or redevelopment projects, but
should be avoided in areas of new development.
(f) Payment into Public Stormwater Project Fund (Permit Section 4.2.5.2.4)
For projects that cannot meet 100% of the runoff reduction and pollutant removal
standards, and cannot provide for off-site mitigation, the MS4 may allow the owner to
make payment in a public stormwater project fund established by the MS4. Payment
into a public stormwater fund must be at a minimum 1.5 times the estimated cost of
on-site runoff reduction controls.
(g) To protect stream channels from degradation, specific channel protection criteria
shall be provided as prescribed in the BMP manual. erosion prevention and sediment
controls used at the site are designed to control storm runoff generated by a 5-year, 24hour storm event (the design storm - see part 10 below: “2-year and 5-year design
storm depths and intensities”), as a minimum, either from total rainfall in the
designated period or the equivalent intensity as specified on the following website
http://hdsc.nws.noaa.gov/hdsc/pfds/orb/tn_pfds.html. When clay and other fine
particle soils are found on sites, additional physical or chemical treatment of
stormwater runoff may be used.
(h) Stormwater discharges to critical areas with sensitive resources (i.e., cold water
fisheries, shellfish beds, swimming beaches, recharge areas, water supply reservoirs)
27
may be subject to additional performance criteria, or may need to utilize or restrict
certain stormwater management practices.
(i) Stormwater discharges from “hot spots” may require the application of specific
structural BMPs and pollution prevention practices.
(j) Prior to or during the site design process, applicants for land disturbance permits shall
consult with the Bradley County Stormwater Administrator to determine if they are
subject to additional stormwater design requirements.
(k) The calculations for determining peak flows as found in the Stormwater Best
Management Practice (BMP) Guide Manual for Tennessee are recommended to be used
for sizing all stormwater facilities.
(3) Minimum control requirements.
(a) Stormwater designs shall meet the multi-stage storm frequency storage requirements
as identified in the Stormwater Best Management Practice (BMP) Guide Manual for
Tennessee (BMP manual).
(b) If hydrologic or topographic conditions warrant greater control than that provided by
the minimum control requirements, the Bradley County Stormwater Program
Administrator may impose any and all additional requirements deemed necessary to
control the volume, timing, and rate of runoff.
(c) Discharges that would add loadings of a pollutant that is identified as causing or
contributing to an impairment of a water body on the list of impaired waters, or which
would cause degradation to waters designated by TDEC as Exceptional Tennessee waters
are not authorized.
(4) Stormwater Pollution Prevention Plan requirements.
The SWPPP shall include sufficient information to allow the Bradley County Stormwater
Program Administrator to evaluate the environmental characteristics of the project site, the
potential impacts of all proposed development of the site, both present and future, on the water
resources, and the effectiveness and acceptability of the measures proposed for managing
stormwater generated at the project site. Discharges that would add loadings of a pollutant that is
identified as causing or contributing to an impairment of a water body on the list of impaired
waters, or which would cause degradation to waters designated by TDEC as Exceptional
Tennessee waters are not authorized. To accomplish this goal the SWPPP shall include the
following:
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(a) The SWPPP must certify that erosion prevention and sediment controls used
at the site are designed to control storm runoff generated by a 5-year, 24hour storm event (the design storm - see part 10 below: “2-year and 5-year
design storm depths and intensities”), as a minimum, either from total
rainfall in the designated period or the equivalent intensity as specified on
the following website
http://hdsc.nws.noaa.gov/hdsc/pfds/orb/tn_pfds.html. When clay and
other fine particle soils are found on sites, additional physical or chemical
treatment of stormwater runoff may be used.
(b) The SWPPP must be prepared by a person who, at a minimum, has completed
the department’s Level II Design Principles for Erosion Prevention and
Sediment Control for Construction Sites course. This requirement goes in
effect 24 months following the new permit effective date. A copy of the
certification or training record for inspector certification should be included
with the SWPPP.
(c) The permittee shall perform inspections described in section 3.5.8 above at
least twice every calendar week. Inspections shall be performed at least 72
hours apart.
(d)
The permittee must certify on the form provided in Appendix A of this permit
whether or not all planned and designed erosion prevention and sediment
controls are installed and in working order. The form must contain the
printed name and signature of the inspector and the certification must be
executed by a person who meets the signatory requirements of section 7.7.2
below of this permit. The record of inspections must be kept at the
construction site with a copy of the SWPPP.
(e) For an on-site outfall in a drainage area of a total of 5 or more acres, a
minimum temporary (or permanent) sediment basin volume that will
provide treatment for a calculated volume of runoff from a 5 year, 24 hour
storm and runoff from each acre drained, or equivalent control measures as
specified in the Tennessee Erosion and Sediment Control Handbook, shall be
provided until final stabilization of the site. A drainage area of 5 or more
acres includes both disturbed and undisturbed portions of the site or areas
adjacent to the site, all draining through the common outfall. Where an
equivalent control measure is substituted for a sediment retention basin, the
equivalency must be justified. Runoff from any undisturbed acreage should
be diverted around the disturbed area and the sediment basin and, if so, can
be omitted from the volume calculation. Sediment storage expected from the
29
disturbed areas must be included and a marker installed signifying a
cleanout need.
(f) Topographic Base Map: A 1" = 100’ topographic base map of the site which
extends a minimum of 200’ feet beyond the limits of the proposed
development and indicates:
i.
Existing surface water drainage including streams, ponds, culverts,
ditches, sink holes, wetlands; and the type, size, elevation, etc., of
nearest upstream and downstream drainage structures, any survey
control monuments in the vicinity;
ii.
Current land use including all existing structures, locations of utilities,
roads, and easements;
iii.
All other existing significant natural and artificial features;
iv.
Proposed land use with tabulation of the percentage of surface area to
be adapted to various uses; drainage patterns; locations of utilities,
structures, roads, drainage structures and easements; the limits of
clearing and grading;
v.
Proposed structural and non-structural BMPs;
vi.
A written description of the site plan and justification of proposed
changes in natural conditions may also be required.
(g) Calculations: Hydrologic and hydraulic design calculations for the predevelopment and post-development conditions for the design storms specified
in the BMP manual. These calculations must show that the proposed
stormwater management measures are capable of controlling runoff from the
site in compliance with this ordinance and the guidelines of the BMP manual.
Such calculations shall include:
i.
A description of the design storm frequency, duration, and
intensity where applicable;
ii.
Time of concentration;
iii.
Soil curve numbers or runoff coefficients including assumed soil
moisture conditions;
iv.
Peak runoff rates and total runoff volumes for each watershed area
taking into consideration the cumulative effect of other
development in each watershed;
v.
Infiltration rates, where applicable;
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vi.
Culvert, stormwater sewer, ditch and/or other stormwater
conveyance capacities;
vii.
Flow velocities;
viii.
Data on the increase in rate and volume of runoff for the design
storms referenced in the BMP manual.
ix.
Documentation of sources for all computation methods and field
test results.
x.
Due to the potential flood hazard on property adjacent to an
unmapped watercourse draining 300 acres or more above the
property under construction, the County Stormwater Administrator
may require that each unmapped watercourse draining 300 or more
acres be investigated by a professional engineer and the elevation
of adjacent structures with setbacks from the centerline of the
unmapped watercourse marked on the subdivision plat. The
minimum elevation of the proposed structure shall be determined
on the basis of a 100- year flood level on framed floor systems.
The engineer shall use an accepted national method of calculation.
Example: USDA Technical Release No. 55 “Urban Hydrology for
Small Watersheds”; ASCE Manual of Practice No. 37 “Design and
Construction of Sanitary and Storm Sewers”. The minimum
setback shall be determined by an elevation of the unmapped
watercourse based on the erosion potential of the watercourse and
lot elevation as determined by the engineer. All subdivisions
adjacent to an unmapped watercourse draining 300 or more acres
and for which 100-year storm elevation calculations were required
shall have a certification by a professional engineer which reads as
follows:
I _______________________ have made a flood hazard study of the
subdivision area marked with a minimum building elevation. A bench mark of
public record for reference is noted on the plat, and established on the
subdivision are marked with a minimum building elevation. A bench mark of
public record for reference is noted on the plat, and established on the
subdivision. Unmarked lots have been determined to not require a minimum
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building elevation due to their location and the existing drainage structure
design.
SEAL
Name _________________________ P.E. #_________________
(h) Buffers
For sites that contain and/or are adjacent to a receiving stream designated as
impaired or Exceptional Tennessee waters a 60-foot natural riparian buffer zone
adjacent to the receiving stream shall be preserved, to the maximum extent
practicable, during construction activities at the site. The water quality buffer
zone is required to protect waters of the state (e.g., perennial and intermittent
streams, rivers, lakes, wetlands) located within or immediately adjacent to the
boundaries of the project, as identified using methodology from Standard
Operating Procedures for Hydrologic Determinations (see rules to implement a
certification program for Qualified Hydrologic Professionals , TN Rules Chapter
0400-40-17). Buffer zones are not primary sediment control measures and should
not be relied on as such. Rehabilitation and enhancement of a natural buffer zone
is allowed, if necessary, for improvement of its effectiveness of protection of the
waters of the state. The natural buffer zone should be established between the top
of stream bank and the disturbed construction area. The 60-feet criterion for the
width of the buffer zone can be established on an average width basis at a project,
as long as the minimum width of the buffer zone is more than 30 feet at any
measured location. Every attempt should be made for construction activities not
to take place within the buffer zone. BMPs providing equivalent protection to a
receiving stream as a natural riparian zone may be used at a construction site.
Such equivalent BMPs shall be designed to be as effective in protecting the
receiving stream from effects of stormwater runoff as a natural buffer zone. A
justification for use and a design of equivalent BMPs shall be included in the
SWPPP. Such equivalent BMPs are expected to be routinely used at construction
projects typically located adjacent to surface waters. These projects include, but
are not limited to: sewer line construction, roadway construction, utility line or
equipment installation, greenway construction, construction of a permanent
outfall or a velocity dissipating structure, etc.
(i) Soils Information: If a stormwater management control measure depends on
the hydrologic properties of soils (e.g., infiltration basins), then a soils report
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shall be submitted. The soils report shall be based on on-site boring logs or
soil pit profiles and soil survey reports. The number and location of required
soil borings or soil pits shall be determined based on what is needed to
determine the suitability and distribution of soil types present at the location
of the control measure.
(j) Maintenance and Repair Plan: The design and planning of all stormwater
management facilities (as defined in Section 2 of this policy) shall include
detailed maintenance and repair procedures to ensure their continued
performance. These plans will identify the parts or components of a
stormwater management facility that need to be maintained and the equipment
and skills or training necessary. Provisions for the periodic review and
evaluation of the effectiveness of the maintenance program and the need for
revisions or additional maintenance procedures shall be included in the plan.
A permanent benchmark with horizontal and vertical control shall be
identified in the plans to assist in the periodic inspection of the facility.
(k) Landscaping Plan: The applicant must present a detailed plan for management
of vegetation at the site after construction is finished, including who will be
responsible for the maintenance of vegetation at the site and what practices
will be employed to ensure that adequate vegetative cover is preserved.
(l) Maintenance Easements: The applicant must ensure access to the site for the
purpose of inspection and repair by securing all the maintenance right-ofways needed. These right-of-ways must be binding on the current property
owner and all subsequent owners of the property and must be properly
recorded in the land record.
(m) Maintenance Agreement:
(1) The owner of property to be served by an on-site stormwater management
facility must execute an inspection and maintenance agreement
substantially similar as found in Appendix D that shall operate as a deed
restriction binding on the current property owner and all subsequent
property owners.
(2) Shall include provisions for future maintenance of private stormwater
facilities by designing a vested ownership of the stormwater facilities on
the final recorded plat and official recorded deeds associated with the
development. Private stormwater facilities shall include, but are not
limited to, stormwater storage facilities, such as detention and retention,
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structural and non-structural stormwater treatment facilities and open
channel conveyances that are not located within public right-of-way. The
future maintenance, repair and operation shall be the responsibility of the
owner(s) of record.
(a) Division of tract into parcels for resale. Each parcel or lot served
by a private stormwater facility, including detention and retention
ponds, shall have equivalent or proportional vested ownership in
stormwater facilities. The ownership of each private stormwater
facility shall be designated and equally appropriated by recorded
plat and deed. Maintenance of private stormwater facilities serving
multiple parcels shall be the cumulative responsibility of each
parcel owner of record with vested ownership. The recorded
subdivision plat shall reflect the intent to incorporate and designate
an equal ownership for each parcel served by the private
stormwater facility. The developer shall provide copies of the final
plat prior to recording and a draft deed of ownership that
designates vested ownership of stormwater facilities to each parcel
prior to being recorded as official record of Bradley County
Register of Deeds.
(b) Single tract of land. The maintenance of private stormwater
facilities constructed in conjunction with development on a single
tract shall be the responsibility of the owner by recorded deed.
(3) The maintenance agreement shall:
(a) Assign responsibility for the maintenance and repair of the stormwater
facility to the owner of the property upon which the facility is located
and be recorded as such on the plat for the property by appropriate
notation. See Appendix D Stormwater Facility Maintenance
Agreement
(b)Provide for a periodic inspection by the property owner for the purpose
of documenting maintenance and repair needs and ensure compliance with
the purpose and requirements of this ordinance. It shall also grant
permission to the county to enter the property at reasonable times and to
inspect the stormwater facility to ensure that it is being properly
maintained.
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(c) Provide that the minimum maintenance and repair needs include, but
are not limited to: the removal of silt, litter and other debris, the cutting of
grass, grass cuttings and vegetation removal, and the replacement of
landscape vegetation, in inlets and drainage pipes and any other
stormwater facilities. It shall also provide that the property owner shall be
responsible for additional maintenance and repair needs consistent with
the needs and standards outlined in the BMP manual.
(d) Provide that maintenance needs must be addressed in a timely manner,
on a schedule to be determined by the Bradley County Engineering/Storm
Water administrator.
(e) Provide that if the property is not maintained or repaired within the
prescribed schedule, the Bradley County Stormwater Administrator shall
arrange the performance of the maintenance and repair at its expense, and
bill the same to the property owner if privately owned. The maintenance
agreement shall also provide that the cost of performing the maintenance
shall be a lien against the property if privately owned..
(4) The County shall have the discretion to accept the dedication of any existing
or future stormwater management facility, provided such facility meets the
requirements of this ordinance, and includes adequate and perpetual access and
sufficient areas, by easement or otherwise, for inspection and regular
maintenance. Any stormwater facility accepted by the County must also meet the
County’s construction standards and any other standards and specifications that
apply to the particular stormwater facility in question.
(a) Conditions to be met before County acceptance:
i.
All erosion shall be controlled
ii.
The subdivision has been established and the roads have
been accepted for maintenance by Bradley County for a
minimum of two (2) years OR until the last phase of the
subdivision has been completed
iii.
Inspection approval
iv.
Deed and survey of property to be dedicated and all related
easements/right-of-ways submitted for review
v.
Payment of stormwater maintenance fee if any
vi.
Homeowners Association responsible for mowing and
general maintenance if applicable.
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(n) Sediment and Erosion Control Plans: The applicant must prepare a sediment and
erosion control plan for all construction activities that complies with Section 5(5)
below.
(5) Sediment and erosion control plan requirements.
The sediment and erosion control plan shall accurately describe the potential for soil erosion and
sedimentation problems resulting from land disturbing activity and shall explain and illustrate the
measures that are to be taken to control these problems. The length and complexity of the plan is
to be commensurate with the size of the project, severity of the site condition, and potential for
off-site damage. The plan shall be sealed by a registered professional engineer licensed in the
State of Tennessee. This plan will be required for all development unless it is an individual
landowner that is not part of a larger development and the development is for a single-family
residential use. The plan shall also conform to the requirements found in the BMP manual, and
shall include at least the following:
(a) Project Description - Briefly describe the intended project and proposed land
disturbing activity including number of units and structures to be constructed and
infrastructure required.
(b) A topographic map with contour intervals of five (5) feet or less showing present
conditions and proposed contours resulting from land disturbing activity.
(c) All existing drainage ways, including intermittent and wet-weather. Include any
designated floodways or flood plains and their flood designation according to the FEMA
FIRM maps. Also include all blue-line stream locations and names.
(d) A general description of existing land cover. Individual trees and shrubs do not need
to be identified.
(e) Stands of existing trees as they are to be preserved upon project completion,
specifying their general location on the property. Differentiation shall be made between
existing trees to be preserved, trees to be removed and proposed planted trees. Tree
protection measures must be identified, and the diameter of the area involved must also
be identified on the plan and shown to scale. Information shall be supplied concerning the
proposed destruction of exceptional and historic trees in setbacks and buffer strips, where
they exist. Complete landscape plans may be submitted separately. The plan must include
the sequence of implementation for tree protection measures.
(f) Approximate limits of proposed clearing, grading and filling.
(g) Approximate flows of existing stormwater leaving any portion of the site.
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(h) A general description of existing soil types and characteristics and any anticipated soil
erosion and sedimentation problems resulting from existing characteristics.
(i) Location, size and layout of proposed stormwater and sedimentation control
improvements.
(j) Proposed drainage network.
(k) Proposed drain tile or waterway sizes.
(l) Approximate flows leaving site after construction and incorporating water run-off
mitigation measures. The evaluation must include projected effects on property adjoining
the site and on existing drainage facilities and systems. The plan must address the
adequacy of outfalls from the development: when water is concentrated, what is the
capacity of waterways, if any, accepting stormwater off-site; and what measures,
including infiltration, sheeting into buffers, etc., are going to be used to prevent the
scouring of waterways and drainage areas off-site, etc.
(m) The projected sequence of work represented by the grading, drainage and
sedimentation and erosion control plans as related to other major items of construction,
beginning with the initiation of excavation and including the construction of any
sediment basins or retention facilities or any other structural BMP’s.
(n) Specific remediation measures to prevent erosion and sedimentation run-off. Plans
shall include detailed drawings of all control measures used; stabilization measures
including vegetation and non-vegetation measures, both temporary and permanent, will
be detailed. Detailed construction notes and a maintenance schedule shall be included for
all control measures in the plan.
(o) Specific details for: the construction of rock pads, wash down pads, and settling
basins for controlling erosion; road access points; eliminating or keeping soil, sediment,
and debris on streets and public ways at a level acceptable to the Bradley County
Stormwater Program Administrator . Soil, sediment, and debris brought onto streets and
public ways must be removed by the end of the workday by machine, broom or shovel to
the satisfaction of the Bradley County Stormwater Program Administrator. Failure to
remove the sediment, soil or debris shall be deemed a violation of this Policy.
(p) Proposed structures; location (to the extent possible) and identification of any
proposed additional buildings, structures or development on the site.
(q) A description of on-site measures to be taken to recharge surface water into the
ground water system through infiltration.
Section5. Post Construction.
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(1) As built plans. All applicants are required to submit actual as-built plans for any structures
located on-site after final construction is completed. The plan must show the final design
specifications for all stormwater management facilities including the location, size, type and
invert of the storm drainage structures, elevations of the gutter line at the curb every 100’ or at
any break, and any detention/retention areas. Bradley County will provide the surveyor with two
(2) brass disks to be placed in two of the concrete monuments that are required in each
subdivision. Said “As-built” survey must show the final design specifications and all data should
be referenced both vertically and horizontally to the two monuments. The “As-built” shall be
signed and stamped by an engineer registered in the State of Tennessee to certify that the
improvements were installed according to the submitted drainage plan and calculations and then
shall be submitted to the Bradley County Stormwater Program Administrator . If the storm
drainage improvements and structures do not adhere to the original drainage plan and
calculations, a revised plan and supporting calculations will be required to be submitted by an
engineer registered in the State of Tennessee.
A final inspection by the Bradley County Stormwater Administrator or his/her designee is
required before any performance security, performance bond or undated letter of credit for
stormwater improvements will be released. The Bradley County Stormwater Program
Administrator shall have the discretion to adopt provisions for a partial pro-rata release of the
performance security, performance bond or undated letter of credit on the completion of various
stages of development. In addition, occupation permits shall not be granted until corrections to
all BMPs have been made and accepted by the Bradley County Stormwater Program
Administrator.
(2) Landscaping and stabilization requirements.
(a) Any area of land from which the natural vegetative cover has been either partially or
wholly cleared by development activities shall be re-vegetated according to a schedule
approved by the Bradley County Stormwater Program Administrator. The following
criteria shall apply to re-vegetation efforts:
(1) Reseeding must be done with an annual or perennial cover crop accompanied
by placement of straw mulch or its equivalent of sufficient coverage to control
erosion until such time as the cover crop is established over ninety percent (90%)
of the seeded area.
(2) Replanting with native woody and herbaceous vegetation must be
accompanied by placement of straw mulch or its equivalent of sufficient coverage
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to control erosion until the plantings are established and are capable of controlling
erosion.
(3) Any area of re-vegetation must exhibit survival of a minimum of seventy-five
percent (75%) of the cover crop throughout the year immediately following revegetation. Re-vegetation must be repeated in successive years until the minimum
seventy-five percent (75%) survival for one (1) year is achieved.
(b) In addition to the above requirements, a landscaping plan must be submitted with the
final design describing the vegetative stabilization and management techniques to be used
at a site after construction is completed. This plan will explain not only how the site will
be stabilized after construction, but who will be responsible for the maintenance of
vegetation at the site and what practices will be employed to ensure that adequate
vegetative cover is preserved. Landscaping associated with new and existing construction
of buildings over 5,000 square feet or greater than two stories requires the use of a
registrant. For non-building/landscape related projects where site improvements are
greater than 5,000 square feet, a registrant is also required. A ‘registrant’ is a Landscape
Architect registered in the State of Tennessee, or an Architect or Engineer registered in
the State of Tennessee if they are within their area of competence.
(3) Inspection of stormwater management facilities. Periodic inspections of facilities shall be
performed as provided for in Section 4 (m)
(4) Records of installation and maintenance activities. Parties responsible for the operation and
maintenance of a stormwater management facility shall make records of the installation of the
stormwater facility, and of all maintenance and repairs to the facility, and shall retain the records
for at least three (3) years after the Notice of Termination. Permittees with day-to-day
operational control over pollution prevention plan implementation shall have a copy of the
SWPPP available at a central location onsite for the use of all operators and those identified as
having responsibilities under the plan whenever they are on the construction site. These records
shall be made available to the Bradley County Stormwater Program Administrator yearly, during
inspection of the facility and at other reasonable times upon request.
(5) Failure to meet or maintain design or maintenance standards. If a responsible party fails or
refuses to meet the design or maintenance standards required for stormwater facilities under this
ordinance, the Bradley County Stormwater Program Administrator, after reasonable notice, may
correct a violation of the design standards or maintenance needs by performing all necessary
39
work to place the facility in proper working condition. In the event that the stormwater
management facility becomes a danger to public safety or public health, the Bradley County
Stormwater Program Administrator shall notify in writing the party responsible for maintenance
of the stormwater management facility. Upon receipt of that notice, the responsible person shall
have up to 10 days to submit a plan for corrective action and up to 30 days, depending on the
weather or an act of God, to effect maintenance and repair of the facility in an approved manner.
Time extensions may be approved by the Bradley County Stormwater Program Administrator
upon written request. In the event that corrective action is not undertaken within that time, the
Bradley County Stormwater Program Administrator may take necessary corrective action.
The cost of any action by the Bradley County Stormwater Program Administrator under this
section shall be charged to the responsible party.
Section6. Existing locations and developments.
(1). Requirements for all existing locations and developments. The following requirements shall
apply to all locations and development at which land disturbing activities have occurred previous
to the enactment of this Policy:
(a) Denuded areas must be vegetated or covered under the standards and guidelines
specified in the BMP manual and on a schedule acceptable to the Bradley County
Stormwater Program Administrator
(b) Cuts and slopes must be properly covered with appropriate vegetation and/or retaining
walls constructed.
(c) Drainage ways shall be properly covered in vegetation or secured with rip-rap,
channel lining, etc., to prevent erosion.
(d) Trash, junk, rubbish, etc. shall be cleared from drainage ways and areas adjacent to
drainage ways.
(e) Stormwater runoff shall be controlled to the extent reasonable to prevent pollution of
local waters. Such control measures may include, but are not limited to, the following:
(1) Ponds
(a) Detention pond
(b) Extended detention pond
(c) Wet pond (retention)
(d) Alternative storage measures
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(2) Constructed wetlands
(3) Infiltration systems
(a) Infiltration/percolation trench
(b) Infiltration basin
(c) Drainage (recharge) well
(d) Porous pavement
(4) Filtering systems
(a) Catch basin inserts/media filter
(b) Sand filter
(c) Filter/absorption bed
(d) Filter and buffer strips
(5) Open channel
(a) Swale
(6) Others as outlined in the Stormwater Best Management Practice (BMP) Guide
Manual for Tennessee
(2). Requirements for existing problem locations. The Bradley County Stormwater Program
Administrator shall in writing notify the owners of existing locations and developments of
specific drainage, erosion or sediment problem affecting such locations and developments, and
the specific actions required to correct those problems. The notice shall also specify a reasonable
time for compliance.
(3). Inspection of existing facilities. The Bradley County Stormwater Program Administrator
may, to the extent authorized by state and federal law, establish inspection programs to verify
that all stormwater management facilities, including those built before as well as after the
adoption of this Policy, are functioning within design limits. These inspection programs may be
established on any reasonable basis, including but not limited to: routine inspections; random
inspections; inspections based upon complaints or other notice of possible violations; inspection
of drainage basins or areas identified as higher than typical sources of sediment or other
contaminants or pollutants; inspections of businesses or industries of a type associated with
higher than usual discharges of contaminants or pollutants or with discharges of a type which are
more likely than the typical discharge to cause violations of the County’s NPDES stormwater
permit; and joint inspections with other agencies inspecting under environmental or safety laws.
Inspections may include, but are not limited to: reviewing maintenance and repair records;
sampling discharges, surface water, groundwater, and material or water in drainage control
41
facilities; and evaluating the condition of drainage control facilities and other BMPs. All
construction located in, adjacent to or contributing to a 303(d) basin will be inspected on a
frequency of once per month at a minimum.
(4). Corrections of problems subject to appeal. Corrective measures and fines imposed by the
Stormwater Administrative Board under this section are subject to appeal under Section 11 of
this Policy.
Section7. Illicit discharges.
(1). Scope. This section shall apply to all water generated on developed or undeveloped land
entering the County’s separate storm sewer system.
(2). Prohibition of illicit discharges. No person shall introduce or cause to be introduced into the
municipal separate storm sewer system any discharge that is not composed entirely of
stormwater. The commencement, conduct or continuance of any non-stormwater discharge to the
municipal separate storm sewer system is prohibited except as described as follows:
(a) Uncontaminated discharges from the following sources:
(1) Water line flushing or other potable water sources,
(2) Landscape irrigation or lawn watering with potable water,
(3) Diverted stream flows,
(4) Rising ground water,
(5) Groundwater infiltration to storm drains,
(6) Pumped groundwater,
(7) Foundation or footing drains,
(8) Crawl space pumps,
(9) Air conditioning condensation,
(10) Springs,
(11) Non-commercial washing of vehicles,
(12) Natural riparian habitat or wet-land flows,
(13) Swimming pools (if de-chlorinated - typically less than one-PPM chlorine),
(14) Fire fighting activities, and
(15) Any other uncontaminated water source.
(b) Discharges specified in writing by the Bradley County Stormwater Program
Administrator as being necessary to protect public health and safety.
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(c) Dye testing is an allowable discharge if the Bradley County Stormwater Program
Administrator has so specified in writing.
(3). Prohibition of illicit connections.
(a) The construction, use, maintenance or continued existence of illicit connections to the
separate municipal storm sewer system is prohibited.
(b) This prohibition expressly includes, without limitation, illicit connections made in the
past, regardless of whether the connection was permissible under law or practices
applicable or prevailing at the time of connection.
(4). Reduction of stormwater pollutants by the use of best management practices. Any person
responsible for a property or premises, which is, or may be, the source of an illicit discharge,
may be required to implement, at the person's expense, the BMPs necessary to prevent the
further discharge of pollutants to the municipal separate storm sewer system. Compliance with
all terms and conditions of a valid NPDES permit authorizing the discharge of stormwater
associated with industrial activity, to the extent practicable, shall be deemed compliance with the
provisions of this section.
(5). Notification of spills. Notwithstanding other requirements of law, as soon as any person
responsible for a facility or operation, or responsible for emergency response for a facility or
operation has information of any known or suspected release of materials which are resulting in,
or may result in, illicit discharges or pollutants discharging into stormwater, the municipal
separate storm sewer system, the person shall take all necessary steps to ensure the discovery,
containment, and cleanup of such release. In the event of such a release of hazardous materials
the person shall immediately notify emergency response agencies of the occurrence via
emergency dispatch services. In the event of a release of non-hazardous materials, the person
shall notify the Bradley County Stormwater Program Administrator in person or by telephone or
facsimile no later than the next business day. Notifications in person or by telephone shall be
confirmed by written notice addressed and mailed to the Bradley County Stormwater Program
Administrator within three (3) business days of the telephone notice. If the discharge of
prohibited materials emanates from a commercial or industrial establishment, the owner or
operator of such establishment shall also retain an on-site written record of the discharge and the
actions taken to prevent its recurrence. Such records shall be retained for at least three (3) years.
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Section8. Enforcement
(1). Enforcement authority. It shall be unlawful for any person to conduct violation provisions
of this policy and/or conduct operations that violate the terms of the Tennessee Water Quality
Control Act (TCA) 69-3-101. Under the provisions of Tennessee Code Annotated (TCA) 68221-1106, violations will be subject to enforcement action. The Bradley County Stormwater
Program Administrator or his/her designees shall have the authority to issue notices of violation
and citations, and make recommendation to the Stormwater Administrative Board to impose the
civil penalties provided in this section.
(2). Notification of violation.
(a) Written Notice. Whenever the Bradley County Stormwater Program Administrator or
his/her designee finds that any permittee or any other person discharging stormwater has
violated or is violating this Policy or a permit or order issued hereunder, the Bradley
County Stormwater Administrator or his/her designee may serve upon such person
written notice of the violation. Within ten (10) days of this notice, an explanation of the
violation and a plan for the satisfactory correction and prevention thereof, to include
specific required actions, shall be submitted to the Bradley County Stormwater Program
Administrator or his/her designee. Submission of this plan in no way relieves the
discharger of liability for any violations occurring before or after receipt of the notice of
violation.
(b) Consent Orders. The Bradley County Stormwater Program Administrator or his/her
designee is empowered to enter into consent orders, assurances of voluntary compliance,
or other similar documents establishing an agreement with the person responsible for the
noncompliance. Such orders will include specific action to be taken by the person to
correct the noncompliance within a time period also specified by the order. Consent
orders shall have the same force and effect as administrative orders issued pursuant to
paragraphs (d) and (e) below.
(c) Show Cause Hearing. The Bradley County Stormwater Administrator or his/her
designee may order any person who violates this ordinance or permit or order issued
hereunder, to show cause why a proposed enforcement action should not be taken. Notice
shall be served on the person specifying the time and place for the meeting, the proposed
enforcement action and the reasons for such action, and a request that the violator show
cause why this proposed enforcement action should not be taken. The notice of the
44
meeting shall be served personally or by registered or certified mail (return receipt
requested) at least ten (10) days prior to the hearing.
(d) Compliance Order. When the Bradley County Stormwater Program Administrator or
his/her designee finds that any person has violated or continues to violate this ordinance
or a permit or order issued thereunder, he/she may issue an order to the violator directing
that, following a specific time period, adequate structures, devices, be installed or
procedures implemented and properly operated. Orders may also contain such other
requirements as might be reasonably necessary and appropriate to address the
noncompliance, including the construction of appropriate structures, installation of
devices, self-monitoring, and management practices.
(e) Cease and Desist Orders. When the Bradley County Stormwater Program
Administrator or his/her designee finds that any person has violated or continues to
violate this ordinance or any permit or order issued hereunder, the Bradley County
Stormwater Program Administrator or his/her designee may issue an order to cease and
desist all such violations and direct those persons in noncompliance to:
(1) Comply forthwith; or
(2) Take such appropriate remedial or preventive action as may be needed to
properly address a continuing or threatened violation, including halting operations
and terminating the discharge.
(3). Conflicting standards. Whenever there is a conflict between any standard contained in this
Policy and in the BMP manual adopted by the County under this Policy, the strictest standard
shall prevail.
Section9. Penalties.
(1). Violations. Any person who shall commit any act declared unlawful under this Policy, who
violates any provision of this Policy, who violates the provisions of any permit issued pursuant to
this Policy, or who fails or refuses to comply with any lawful communication or notice to abate
or take corrective action by the Bradley County Stormwater Program Administrator, shall be
guilty of a civil offense.
(2). Penalties. Under the authority provided in Tennessee Code Annotated §68-221-1106, the
County declares that any person violating the provisions of this ordinance may be assessed a
45
civil penalty by the Stormwater Administrative Board with recommendation from Bradley
County Stormwater Program Administrator of not less than fifty dollars ($50.00) and not more
than five thousand dollars ($5,000.00) per day for each day of violation. Each day of violation
shall constitute a separate violation.
(3). Measuring civil penalties. In assessing a civil penalty, the chairperson of the Stormwater
Administrative Board with recommendation from the Bradley County Stormwater Program
Administrator may consider:
(a) The harm done to the public health or the environment;
(b) Whether the civil penalty imposed will be a substantial economic deterrent to the
illegal activity;
(c) The economic benefit gained by the violator;
(d) The amount of effort put forth by the violator to remedy this violation;
(e) Any unusual or extraordinary enforcement costs incurred by the municipality;
(f) The amount of penalty established by ordinance or resolution for specific categories of
violations; and
(g) Any equities of the situation, which outweigh the benefit of imposing any penalty or
damage assessment.
(4). Recovery of damages and costs. In addition to the civil penalty in subsection (2) above,
Bradley County may recover;
(a) All damages proximately caused by the violator to Bradley County, which may
include any reasonable expenses incurred in investigating violations of, and enforcing
compliance with, this ordinance, or any other actual damages caused by the violation.
(b) The costs of the County’s maintenance of stormwater facilities when the user
of such facilities fails to maintain them as required by this Policy.
(5). Other remedies. Bradley County may bring legal action to enjoin the continuing violation of
this ordinance, and the existence of any other remedy, at law or equity, shall be no defense to any
such actions.
(6). Remedies cumulative. The remedies set forth in this section shall be cumulative, not
exclusive, and it shall not be a defense to any action, civil or criminal that one (1) or more of the
remedies set forth herein has been sought or granted.
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Section10. Stormwater Board of Appeals
(1) Board Established – There is hereby established a Board of seven (7) members to be
known as the “Stormwater Board of Appeals”.
(2) Composition; terms; filling vacancies. – The seven (7) voting members of this board
shall be appointed by the County Commission. The County Commission shall appoint
members with the following qualifications; two (2) environmental engineer,
environmental scientist, or environmental technician, one (1) person employed or retired
from an industrial, commercial, or residential establishment regulated by this article, and
four (4) persons that shall not have any particular qualifications, but to the extent
practical shall be selected to maintain diversity on the board. The Board shall also have
one (1) attorney serving as a non-voting member. Initial appointments are to be made for
staggered terms as follows: three (3) seats for a term of one (1) year; three (3) seats for a
term of (2) years; and one (1) seat for a term of three (3) years. Subsequent appointments
to each seat are to be for terms of four (4) years. All members shall serve until their
successor is appointed and all members shall serve at the pleasure of the County
Commission. A member of the Stormwater Board of Appeals may be removed from the
board at any time by a majority vote of the County Commission when it is demonstrated
that such board member exhibits disregard for controlling state and federal laws and local
resolutions, or when such board member fails to declare a conflict of interest in a given
case and vote on the case. In the event of a vacancy, the County Commission shall
appoint a member to fill the unexpired term. The board members shall serve without
compensation, but shall receive actual expenses incurred in attending meetings of the
board and the performance of any duties as members of the board.
(3) General duties of the Board – The Board shall have the following duties and power.in
addition to any other duties or responsibilities conferred upon the Board by this Policy.
(a) To recommend from time to time to the County Commission that it amend or
modify the provisions of this Policy;
(b) To hold hearings upon appeals from orders or actions of the Stormwater
Administrator or his/her designee, or building official as may be provided under
this Policy;
(c) To hold hearings relating to the suspension, revocation, or modification of a
stormwater discharge permit and issue appropriate orders relating thereto;
(d) To hold hearing relating to an appeal concerning any civil penalty imposed under
this Policy;
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(e) To hold such other hearings as may be required in the administration of this
Policy and to make such determinations and issue such orders as may be
necessary to effectuate the purposes of this Policy;
(f) To request assistance from any officer, agent, or employee of the county and to
obtain such information or other assistance as the board might need;
(g) The board acting through its chairperson shall have the power to issue subpoenas
requiring attendance and testimony of witnesses and the production of
documentary evidence relevant to any matter properly heard by the board; and
(h) The chairperson or vice chairperson shall be authorized to administer oaths to
those persons giving testimony before the board.
(4) Election of Officers; Meetings; and Quorum – The following constitutes rules and
procedure for the Stormwater Board of Appeals. The Board may adopt such other rules
and procedures, as the board deems appropriate provided that such rules are consistent
with procedures described herein.
(a) Election of Officers. The board shall elect from among its own members a
chairperson, and a vice-chairperson. Secretarial services shall be provided by
Bradley County in a manner to be prescribed by the County Mayor.
(b) Initial meeting. Within thirty (30) days of the initial appointment of the board
members, the board shall hold an initial meeting. At the initial meeting the board
will elect officers as provided by this policy and review the general duties of the
board identified in Section 11 (3).
(c) Regular meetings. Regular meetings shall be held at a time and place chosen by
the Stormwater Board of Appeals. The board shall hold regular meetings as a
minimum to consist of semiannual meeting and called meetings as the board may
find necessary.
(d) Called Meetings. The chairperson or vice-chairperson or any two members may
schedule a called meeting of the Stormwater Appeals Board as deemed necessary
provided that advance notice is given to each board member at least forty-eight
(48) hours prior to the commencement of the called meeting.
(e) Public Notice of Regular Meetings. Public notice of regular meetings shall be by
publication in a newspaper of general circulation at least five (5) days in advance
of the meeting with a general description of the agenda.
(f) Open meetings. All meetings of the board shall be open to the public.
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(g) Conduct of Meetings. The board shall generally conduct meetings in accordance
with Robert’s rules of Order.
(h) Quorum and Voting. The presence of four (4) members of the Stormwater Board
of Appeals shall constitute a quorum. If the chairperson and vice-chairperson are
absent from the meeting in which there is a quorum, the members present shall
elect from among the board members present a chairperson of the meeting. If only
four (4) members are present and one cannot vote due to a conflict of interest on a
particular item, the remaining three members shall constitute a quorum for the
purpose of that item. In the event of a tie vote on any motion, the motion shall
fail. A motion shall have passed upon the affirmative vote of a majority of the
quorum of board members present and voting.
(5) Variances
(1) General. The Stormwater Board of Appeals may grant a variance from the
requirements of this policy which would not result in the violation of any state
or federal law or stormwater regulation consistent with the NPDES permit
issued to Bradley County, and if exceptional circumstances applicable to the
site exist such that strict adherence to the provisions of this article will result
in unnecessary hardship and will not result in a condition contrary to the
intent of the ordinance.
(2) Conditions for a variance. The minimum requirements for stormwater
management may be waived in whole or in part upon written request of the
applicant, provided that at least one of the following conditions applies:
(a) It can be demonstrated that the proposed development is not likely to
impair attainment of the objectives of this policy.
(b) Alternative minimum requirements for on-site management of
stormwater discharges have been established in a stormwater
management plan that has been approved by the Stormwater
Administrator or his/her designee.
(c) Provisions are made to manage stormwater by an off-site facility. The
off-site facility must be in place and designed to provide the level of
stormwater control that is equal to or greater than that which would be
afforded by on-site practices. Further, the facility must be operated and
maintained by an entity that is legally obligated to continue the
operation and maintenance of the facility.
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(3) Downstream damage, etc. prohibited. In order to receive a waiver, the
applicant must demonstrate to the satisfaction of the Stormwater
Administrator or his/her designee that the waiver will not lead to any of the
following conditions downstream:
(a) Deterioration of existing culverts, bridges, dams, and other structures;
(b) Degradation of biological functions or habitat;
(c) Accelerated Stream bank or streambed erosion or siltation;
(d) Increased threat of flood damage to public health, life or property.
(4) The following procedures and information will be required prior to the
Stormwater Board of Appeals consideration of a variance.
(a) A written petition for a variance shall be required and shall state the
specific variance sought and the reasons, with supporting data, and
provide specifics regarding valid reasons a variance should be granted.
The petition shall include all information necessary to evaluate the
proposed variance and shall be filed with the Stormwater Administrator.
(b) The Stormwater Administrator shall conduct a review of the request for
a variance with ten (10) working days after receipt and may either
support the petition or may object to the petition. If the Stormwater
Administrator objects to the variance, the Stormwater Administrator
shall state the reasons.
(c) Once the Stormwater Administrator’s review is complete or the ten (10)
days for review have expired, the petition shall be subject to board
action at the next regularly scheduled meeting or at a called meeting.
Section11. Appeals.
Pursuant to Tennessee Code Annotated §68-221-1106(d), any person aggrieved by the
imposition of an administrative fine, a civil penalty or damage assessment as provided by this
Policy may appeal said penalty or damage assessment to the Stormwater Board of Appeals.
(1). Appeals to be in writing. The appeal shall be in writing and filed with the Bradley County
Stormwater Administrator within fifteen (15) days after the administrative fine, civil penalty
and/or damage assessment is served in any manner authorized by law.
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(2). Public hearing. Upon receipt of an appeal, the Stormwater Board of Appeals shall hold a
public hearing within thirty (30) days. Ten (10) days prior notice of the time, date, and location
of said hearing shall be published in a daily newspaper of general circulation. Ten (10) days
notice by registered mail shall also be provided to the aggrieved party, such notice to be sent to
the address provided by the aggrieved party at the time of appeal.
(3). Appealing decisions of the County’s governing body. Any alleged violator may appeal a
decision of the municipality’s governing body pursuant to the provisions of Tennessee
Code Annotated, title 27, Chapter 8.
Section12. Severability
The requirements and provisions of this Policy are separable. If any article, section, paragraph,
sentence, or portion thereof, be declared by any court of competent jurisdiction to be invalid or
inconsistent with the Tennessee Water Quality Control Act TCA §69-3-101 et. Seq. The decision
of the court of competent jurisdiction shall not affect the validity or applicability of the Policy as
a whole or of any part thereof other that the part held invalid, inconsistent, or otherwise
inoperative.
Section13. Effective Date.
This Policy shall take effect immediately from and after its passage by the Bradley County
Commission.
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